Language of document :

Order of the General Court of 21 September 2011 - PPG and SNF v ECHA

(Case T-1/10) 1

(Action for annulment - REACH - Identification of acrylamide as a substance of very high concern - Act not amenable to review - Inadmissibility)

Language of the case: English

Parties

Applicants: Polyelectrolyte Producers Group GEIE (PPG) (Brussels, Belgium) and SNF SAS (Andrézieux-Bouthéon, France) (represented initially by: K. Van Maldegem, P. Sellar and R. Cana, and subsequently by: K. Van Maldegem and R. Cana, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, and J. Stuyck, lawyer)

Intervener in support of the form of order sought by the defendant: Kingdom of the Netherlands (represented by: C. Wissels, J. Langer, Y. de Vries and M. de Ree, acting as Agents; and European Commission (represented initially by: P. Oliver and G. Wilms, and subsequently by: P. Oliver and E. Manhaeve, acting as Agents)

Re:

Annulment of the decision of ECHA of 7 December 2009 identifying acrylamide (EC No 201-173-7) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1) in accordance with Article 59 of Regulation 1907/2006

Operative part of the order

1.    The action is dismissed as inadmissible.

2.    Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS shall bear their own costs and those incurred by the European Chemicals Agency (ECHA).

3.    SNF shall bear the costs relating to the interim proceedings.

4.    The Kingdom of the Netherlands and the European Commission shall bear their own costs.

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1 - OJ C 63, 13.3.2010.